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Warner v. State

Court of Appeals of Indiana

February 17, 2014

JAMES CHRISTIAN WARNER, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE BARTHOLOMEW CIRCUIT COURT. The Honorable Stephen R. Heimann, Judge. Cause No. 03C01-1210-FC-5410.

ATTORNEY FOR APPELLANT: JAMES A. SHOAF, Columbus, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JAMES B. MARTIN, Deputy Attorney General, Indianapolis, Indiana.

KIRSCH, Judge. FRIEDLANDER, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

James Christian Warner (" Warner" ) appeals from his conviction after a jury trial of attempted inmate fraud[1] as a Class C felony, contending that there is insufficient evidence to support his conviction.

We affirm.

FACTS AND PROCEDURAL HISTORY

Warner wrote a letter to Ruby Dilk (" Ruby" ) and a letter to Priscilla Young (" Priscilla" ) from the Bartholomew County Jail where Warner was an inmate. Warner addressed the letters to the Asbury United Methodist Church, of which both women were members, and where the services for their recently deceased husbands were being prepared.

In Warner's letter to Ruby, postmarked September 14, 2012, he acknowledged the death of her husband, Raymond, and claimed that Raymond owed Warner $200.00 for work that he had performed for Raymond. Warner asked Ruby to send a money order to him in jail for that amount. Raymond had not known Warner, had never seen him before, nor had Warner ever done work for Raymond. Raymond, who was eighty-nine years old and legally blind prior to his death on September 11, 2012, had not worked for five years. All of the work that was completed at Raymond and Ruby's house was done by one particular handyman, who was not Warner. Raymond's obituary, which appeared in The Republic newspaper on September 13, 2012, gave the name and address of both Ruby and the Asbury United Methodist Church.

Three days later, in a letter to Priscilla, postmarked September 17, 2012, Warner acknowledged the death of Priscilla's husband, Jack, who had passed away on September 15, 2012. Warner represented in the letter that Jack had been his chemistry teacher. Warner further described Jack as a good friend who had never let Warner down. Warner told Priscilla that his girlfriend was upset because she could not afford to send him a money order to buy long underwear to fend off the cold. Warner claimed not to ...


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